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The Department of Homeland Security (DHS) and U.S. Employers should continue using the Form I-9, Employment Eligibility Verification, after its expiration date of Oct. 31, 2022 until further notice. DHS will publish a Federal Register notice to announce the new version of the Form I-9 once it becomes available.
Employers must retain Forms I-9 for three years after the date of hire or one year after the date the individuals employment is terminated, whichever is later. Photocopies or faxed copies of completed Form I-9 are not acceptable to meet this retention requirement.
Form I-9 Acceptable Documents Documents that Establish Both Identity and Employment Authorization. U.S. Passport or U.S. Passport Card. Form I-551, Permanent Resident Card or Alien Registration Receipt Card. Form I-766, Employment Authorization Document Card.
Starting on November 1, 2022, employers verifying their employees identity and employment authorization eligibility must use the new I-9 Form version.
Drivers license or identification card issued by a state or outlying territory of the U.S., provided it contains a photograph or information such as name, date of birth, gender, height, eye color and address.
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Use Form I-9 to verify the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers must properly complete Form I-9 for each individual they hire for employment in the United States. This includes citizens and noncitizens.
The verification can be completed before the employee begins work for pay; The latest three days after the new hires first day of work for pay, unless the employee will work for fewer than three days; for them, you must verify no later than the first day of work for pay.
All employers must complete and retain Form I-9, Employment Eligibility Verification, for every person they hire for employment after Nov. 6, 1986, in the U.S. as long as the person works for pay or other type of payment.
To calculate how long to keep a former employees Form I-9: If they worked for less than two years, retain their form for three years after the date you entered in the First Day of Employment field. If they worked for more than two years, retain their form for one year after the date they stop working for you.
Employers are required to reverify an employees documentation only when the employees employment authorization document (EAD) or receipt has expired. Reverification should occur no later than the actual expiration date of the work authorization.

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